Post
by Obie » Fri Jan 30, 2015 11:45 pm
There are 2 principles at play here.
You have Diatta which confers protection until the decree is finalised, and Article 13 of the directive, which lists a set of condition that a person should meet in order to be able to retain their right of residence following divorce.
I have no doubt that provided you wife is still a qualified person, you will continue to qualify for a right of residence until the decree is made absolute.
In regards to retention, the situation is quite different, the regulation and directive indicates that the marriage has to have lasted for a period of 3 years prior to initiation of divorce. That language is clearly different from "Prior to the Termination of the marriage".
Not sure it is out of luck, or a policy or failure to ask or investigate, i have dealt with 3 cases where a clients due to poor advise initiated divorce before 3 years of marriage, but obtained decree absolute after 3 years of marriage, and they qualified.
Hopefully you will succeed also
Smooth seas do not make skilful sailors